Aycinena v. Peries

The opinion of the Court was delivered by

Rogers, J.

This is an action for money had and received, in the nature of a bill in chancery, to recover a fund in the hands of the defendant, in payment of the amount of a judgment recovered by the plaintiff from the defendant as the administrator of James Yard, deceased. After the evidence was closed, the court charged the jury, that this was an action for money had and received, brought by the executor'of Fermin de Aycinena against A. Peries. That to maintain the action it was necessary for the plaintiff to show that he did now, or at one time had…